Terms & Conditions
Welcome to the website Kapa26artwork
The company under the name Giannas Sotirios (hereinafter
referred to as "the company") which runs this online store (www.kapa26artwork.com)
(hereinafter referred to as the "website"), is an official business based
in Thessaloniki, 26 Karypi Street, 54624, TIN 023997652, Tax Office D. The company
in its physical store deals in art objects, organizes art exhibitions and uses
the present online store for the presentation and selling of its products/services.
The terms
and conditions listed in this document
and analyzed below are intended to clarify, in accordance with the principle of
good faith and the provisions governing the validity of legal acts, the conditions
that regulate the relationship of the company with the user of the website in accordance with the Consumer Protection
Law, 2251/1994, particularly the
provisions regarding distance selling
and the provisions of the EC Regulation 2016/679 of the European Parliament,
27th April 2016, for the protection of natural persons as far as personal data
processing is concerned(GDPR), the provisions of the Greek Law, 4624/2019 regarding
measures for the enforcement of the GDPR as well as other similar provisions,
with respect to the fundamental right of protection of personal data - as these
are presented in the Privacy Policy section of our website.
Every time a person enters the website,
he/she automatically becomes a user and potential customer of the website.
Therefore, he/she is obliged to confirm that he/she has read and fully
understood the present terms and that he/she complies to them.
The present terms of use, as well as the
price of the products shown in the website, the details regarding
orders/shipment and delivery, the details of communication and the return
policy, constitute a contract between the two parties (company and buyer) - and
the objective is the supplying of the products by the company to the buyer. In the event that the user disagrees with these terms, he/she is required
not to use the website. The company
reserves the right to modify the terms of use at any moment. The revised terms of
use will always be posted in the company’s website. Please stay informed on them before your
purchases. Any revision of the terms that will be conducted after the placement
of an order, will not affect the order, unless this needs to be affected by
law. The use of the website, in spite of any modifications, means the
unconditional, on behalf of the user, compliance to them.
Modification of terms and conditions
The company reserves
the right to modify unilaterally, to renew products, prices, the present terms
and conditions of the website and the terms of transaction conducted through
the website, without prior notice, only by posting the new terms and conditions
in the present website.
User’s liability
The visitor of the
present website bears the responsibility for every damage done to the website
by misuse or abuse of the relevant services. The present website is intended
exclusively for personal use and not for any commercial purposes. The user
is bound by the present terms not to use
the website for transmission, publication, transmission by e-mail or any other
way, of content that can be offensive, false, indecent, insulting, misleading, defamatory,
illegal, or is a breach of someone else’s privacy, shows empathy, or expresses
racial or other discriminations, can harass third parties in any way or become
harmful for minors in any way, can encourage criminal behavior, violate the
rights of any other party, or cause civil liability, content that can violate
any law, patent, trademark, property rights or other rights of third parties or
that contains viruses, codes, files or programs that have been designed to harm
or cause malfunction of software or hardware and willingly or not violates the
current Greek and European Community regulation and its provisions. If the user
fails to comply with the above terms and conditions, the company reserves the
right to deny access to the website, temporarily or even permanently.
Intellectual property rights
Apart from the explicitly
mentioned exceptions (third parties copyright, collaborators and suppliers),
the content and design of the website www.kapa26artwork.com (photos, media,
multimedia, texts, products and services offered), is the intellectual property
of the company and is protected by the relevant provisions of Greek, European
and International Law regarding trademark and industrial and intellectual property. Therefore, their presentation on
the website cannot in any case be interpreted as licensing or right of use. No
part or content of the website is allowed to be reproduced, copied, modified or
transmitted by any means, for commercial or other purposes or the customers to
be misled about the real owner of the website's content. Any reproduction, uploading,
transmission or any other use of the
content of the website in any other way or means for commercial or other
purposes, except what it is provided for, by the present terms of use, will be
allowed only by the prior written permission of the company. The name, photos,
logos, texts and multimedia that represent the company, the online store and/or
third parties affiliated to them as well as the products and the services
related, are exclusive trademarks and distinctive features of the company, the
website or/and the above third parties and are protected by the relevant
provisions of Greek and European law regarding trademarks, industrial and
intellectual property and unfair competition.
Limitation of Liability
The use of the website
by the visitors is conducted on their own responsibility. The company is not responsible for any demands
of legal, civil or/and criminal nature nor for any damage incurred by visitors of
the website or third parties, by causes related to the functioning and use of
the website, or inability to provide services or information, nor for possible
damage incurred by third parties' interference with products, services and
information provided by the website. The website and its content is provided as
it is without any clear or implied guaranties of any kind, including but not
limited to, implied guaranties of correctness, sufficiency, quality,
trustworthiness, suitability or usefulness for a particular purpose. The content
of the website has no advisory character. The company does not guarantee that
the content of the website is precise, complete, without any mistakes nor that
the access to the website will be continuous, that any mistakes in the website
will be fixed or that the website or the central computer that hosts the
website is without viruses or any harmful items.
Also, the company does
not provide any guarantee for the availability of the products offered in the
website. We are committed, however to inform users as quickly as possible about
any non-availability, in case they continue to have an interest in a product
which is not available at that particular moment. The company is not
responsible for any situation without any fault on their part or for damage
that might incur by the execution or not of an order due to force majeure (eg.
bad weather conditions, strikes, state measures similar to the ones imposed by
the Covid pandemic etc)
The company draws
attention to the fact that the photos and the designs of products and services
in the present website are not an exact depiction of the latter, as far as color
or dimensions are concerned and there might be slight chromatic variations in
products due to the different methods of photography and presentation. The
company bears no responsibility for these differences and variations.
Last, the company bears
no responsibility for the content of communication and the material produced by
the users of the website (eg. e-mails) and reserves the right to block and to
remove any kind of communication and material which is considered to violate the
present terms and conditions.
Links to other websites
In our website, it is
possible to find certain links connecting to other websites, which are managed by
third parties, or which belong to third parties non-related to our company or
the website. These links are provided to you because they may be of interest to
you or because they allow you to have access to similar or complementary products
or services provided by third parties. The company bears no responsibility for the
content of these linked websites and their use, as they are out of the company’s
and website’s control. By indicating these links, the company does not in any
case guarantee the credibility or safety of them, of the services and products
which are provided through them, therefore when browsing through them, the user
does so on his/her own responsibility. As
these websites use cookies and collect personal data, you should always check the
terms and conditions and privacy policy before entering them. If however any
problem occurs either during browsing into them or during any transaction conducted
with them, please be advised to contact directly their administrators, who are
the ones to be responsible for their content and functioning.
Use of the
website by children
The use of the
website is strictly permitted to adults and minors above 16 years of age. If
you are under 16, you need to have permission granted by a parent or guardian
before entering into any kind of communication with the website (e-mail,
entering a competition, sending personal data etc). The parent's/guardian's permission needs to be
sent via e-mail to our address. The company bears no responsibility for any
lack of permission or possible false permission. As long as you continue to browse into our website
and its offered services, you confirm in this way that you have received your
parent's/guardian's permission to do so.
Clarifications
1) Placing an order
in this online shop can be done by final consumers, who are, according to Greek
Law, at least 18 years of age, and they are not by any other reason forbidden
to do so. Orders may also be placed by natural persons via their proxy.
2) For an order to
be valid:
-all the necessary details for the purchase need to be supplied
-all the terms and conditions of the contract of purchase need to be
unconditionally accepted (eg. products, price, cost of transport, way, time and
place of delivery of the products)
-the present
terms of use also need to be unconditionally accepted
3) The transactions
in the website are conducted in euro. If the credit card or bank account does
not contain the amount in euro, the final cost will be calculated according to
the exchange rate the day on which the card or bank account was charged.
4) The prices in the
website include VAT tax 24%. They do not include the cost of transport. The
company reserves the right to amend the prices without any prior notice.
5) The presence of
the products/services in the website is an invitation for customers to take an
interest in them with a view to placing an order. For this reason, the company
is by no means bound in any way for the availability or/and the sufficiency of
the presented products.
6) The company,
before completion of the order, informs the visitor through the website, in a
clear and detailed way, as this is defined
in article 3, paragraph B of the Code of Conduct for
electronic commerce, on the following:
-Name and address of the company, TIN, telephone number/e-mail address.
- Details about the products and the services offered (eg. dimensions,
price VAT included, terms and methods of payment, cost of shipment, cost in
case of return or cancellation of an order, shipment method etc)
- Availability of the products and services and the deadlines for the
delivery of the products or the services
- Billing details
- Special offers
- Terms in case of withdrawal or cancellation of a contract.
- Terms regarding the service after sale.
- Details on how to take care of the products in order to protect them the
best way possible
- The codes of conduct or probable trustmarks that bind them (see below)
- The choice for electronic dispute settlement (see below)
- All the above constitute the whole of the information that the company
needs to provide to the customer and which has to be understandable, clear, truthful, updated and verifiable,
written in Greek and potentially in another language.
7) As mentioned
above, all the transactions conducted through this website are protected by
National, International and European Law that regulate issues regarding electronic
commerce as well as the Consumer Protection Law (2251/1994), that regulates
issues regarding distance selling.
8) The customer/user
of the website can be informed on the Code of Conduct for e-commerce in the
following link: www.e-nomothesia.gr/kat-emporeio/upourgike..
9) According to the
Directive 2013/11/EC, which was incorporated in the National Law with the Joint Ministerial Decision
70330/2015 and the Decision 31619, Greek
Official Gazette 969/22.3.2019 (article 8), there can be an electronic dispute
settlement through the Alternative Dispute Resolution procedure for the whole
of the European Community. If the client faces a problem with a purchase that
he/she conducted from the website and he/she is a resident of the EC, he/she
can press on the link https://webgate.ec.europa.eu/odr/main/?event=main.home.show
for an alternative dispute resolution.
10) In case a consumer’s dispute cannot be
resolved amicably, it is hereby agreed that it shall be the responsibility of
the competent courts of Thessaloniki.
11) Nonetheless, as
the constant effort for improvement on all levels as well as the customer's
service and support is our first priority, you are kindly requested to contact
us if you have a complaint regarding any malfunction you might detect. You can
contact us in 2314031701 /6976607010 /6976464939 (10.30-15.00 Monday,
Wednesday, Saturday and 10.30-15.00 and 17.30-20.30 Tuesday, Thursday and
Friday) or send us an email: [email protected]. You can also find us at:
26, Karypi Street, Thessaloniki, 54624.
Orders
All orders are
items of availability and therefore the products in the basket are also
available to other users until an order is completed. The order is completed
when you enter the area of the "Basket", where you can see in detail
all the items you have purchased. Whatever you no longer wish to purchase, you
can remove it by pressing "Delete". When you are ready, press "Purchase".
You fill in your personal details in the areas that follow (billing details, shipping
details, shipping method, payment method) and you finish by pressing "Confirm
Purchase". Also, in the area "Comments", you can leave a message
regarding the color or size of the purchased product, if you would like an
invoice or if you would like your order to be delivered by a courier firm other
than the one used by the company, or simply anything else that you would like
to emphasize.
Payment
methods
You can choose
one of the following methods:
1) Cash on
delivery. The purchase amount is paid in cash to the representative of the
cooperating courier company that will deliver the order to the address you have
given us. This method is valid only for purchases in Greece and for orders less
than 100 euros. In case you refuse to receive your order, without any prior
notice to the company, the order is cancelled and the company reserves the
right not to accept an order from you again in the future.
2) By deposit to a
bank account. The deposit is done in the following bank account:
GR3401722380005238093034141 in Piraeus Bank. The deposit statement must have your
full name as well as the order code. Your order will be executed as soon as your
deposit is confirmed. Bank charges and commissions are a responsibility of the
client. Upon completion of your bank deposit, you are kindly requested to send
us a copy of the transaction where you have clearly stated your name, the order
code, the date of deposit and a contact telephone number. Your deposit needs to
be made within 2 working days, otherwise the order will be cancelled.
3) By
credit/debit/prepaid card. When you choose to pay by this method, you are
transferred into the safe environment of electronic payments of the Piraeus
Bank. There, you fill in the details asked (card number, month and year of
expiry, the 3-digit confirmation number and the full name of the card holder).
The company receives in no way any information at all related to your cards.
4) By Pay Pal. This
method is available for purchases both in Greece and abroad. You can also pay with your credit card even
if you don’t have an account in Pay Pal.
In this case as well, the company receives no information at all related to
your credit card.
5) Payment and receipt
of the products at the store.
Shipping
methods
The shipping of
the orders is conducted by the courier company Geniki Taxidromiki. If you wish your order to be delivered by
another courier company, the shipping cost in this case is yours and you have
not the option of Cash on delivery.
As long as the
products are available, they will be shipped the next working day - on condition that the order will be completed by
14.00 - except on days of heavy workload when shipping is done within 1 to 3 working days. Shipping is
conducted daily, except on Saturday, Sunday and on holidays. The shipping conducted
on Fridays is further delayed because of the weekend.
If the product
is custom-made or needs to be modified in any way, the agreement must be made
via telephone or e-mail and a new delivery date is fixed. If the products are
not immediately available or on demand, the agreement will also be done via
telephone or e-mail. In case of bad weather conditions, or because unexpected
events have occurred (eg. strikes, extraordinary state measures such as curfews),
or the area the products have to be delivered to, is difficult to reach, such as
an island, where weather conditions can make the delivery even more difficult, then
a contact via telephone or e-mail can be made so that you can inform us whether
you continue to wish the shipment of your order. An alternative way of tracking
down your order is to enter the website of Geniki Taxidromiki where you can
fill in the shipment code sent to you and in this way be informed about the
state of your order.
Return
Policy
The customer
reserves the right to return the order without any justification within 5 working days - for Greece - by
the day of delivery. There is the possibility of exchange with another product
or money return (with a deposit in your bank account).
The
customer pays for the return of the product as well as for its re-shipment by the company
to him/her in case he decides to exchange it with another product and not opt
for the money return. In case he chooses the money return, all bank charges are the customer’s responsibility.
Products
that cannot be returned include:
- Custom-made
items
- Items that
have been engraved or modified ( eg. change in the size number)
- Special offers
- Products
purchased via Pay Pal
- Items for
which a special discount code has been used
Returns are
accepted only if:
- The Order
Cancellation form has been filled in
- Prior contact
with the company has been made in the following
telephone numbers: 2314031701/6976607010/6976464939
- The product
has not be worn or used
- Any labels or
distinctive items haven’t been removed
- All items in
the box are returned: box, original receipt or invoice and dispatch note
- If the order
includes a present, the present must be returned as well
Until the
returned item has reached our premises, it is in your responsibility. Therefore
customers are requested to ensure that the package remains safe so that no
damage incurs during the return of the item, that would result in the product not being able to be accepted by the
company. The company is not responsible for any loss or damage of the item
during its return. As soon as the company receives the package and ensures that
all items are in their initial state, it has to refund the money within 10 working days upon receipt of the
package. The return address is: Kapa26artwork,
26 Karypi Street, 54624, Thessaloniki.
Return of a
product with company expenses:
- In case a
product, other than the one purchased, is delivered
- Only if you
have contacted the company within 48
hours after delivery of the product, to pinpoint the problem
In any case, the
product must be returned with all the relevant documents (see above) and in its
initial package.
Returns are
conducted with the courier company that we choose, at our expenses. Returns
will be accepted within 5 working days
by the day they were received by the company.
Finally, no product will be exchanged twice,
unless it is demonstrably of our own fault.
Cancellation
The customer
reserves the right to cancel the order. The cancellation must take place via telephone or email necessarily by 13.00
of the next day of the order, so that the products are not delivered to the
courier company. Next, we will contact you via telephone or email to inform you
on when and how the money will be sent to you in case there has already been
made a payment with credit card or deposit in a bank. In case you didn’t cancel
the order by 13.00 of the next day and the package has been delivered to the
courier company, you either accept the product or you can return it by
complying to the present terms of use (see above, chapter Return Policy)
Cancellation
on behalf of the company: The company reserves the right to cancel an order placed by a customer in
these cases:
- If there is no
confirmation of payment.
- If there is no
way to deliver a product at the customers home.
- If the customer does not agree with the website’s terms of use.